Andrews Myers Monthly Law Alert


August 2017

Silica Update
By Tony Stergio 

OSHA will begin to enforce its new silica regulations on September 23, 2017.  Pursuant to these regulations, all employers with operations that generate dust potentially containing respirable crystalline silica should have compliance plans in place (if they do not already).  These plans will need to include exposure control protocols, medical surveillance programs, respirator protocols, and more.

New TxDOT E-verify
Pursuant to a recently passed Texas law, effective September 1, 2017, TxDOT will not contract with any contractor or subcontractor unless they register and participate in the U.S. Department of Homeland Security’s E-Verify program to determine employment eligibility.  This statute, in conjunction with a 2014 Executive Order (EO RP-80), will require that all TxDOT contracts for services contain a provision requiring the Contractors, to the extent permitted by law, to utilize the E-Verify system to determine the eligibility of:

  • All persons hired to perform duties within Texas during the term of the agreement; and
  • All persons, including persons acting as or employed by subcontractors between the start of the agreement and its conclusion, assigned by the Contractor to perform work pursuant to the agreement.

Violation of this requirement shall constitute a material breach of the agreement.
EO RP-80 and the new status, however, appear to conflict with the federal E-Verify rule which mandate that only new hires be e-verified.  Therefore, Texas state contractors (who are not federal contractors) likely should E-Verify only new hires.

EEO-1 Deadline Pushed Back
The deadline for submitting EEO-1s that usually falls on September 30 has been pushed back to March 31, 2018, in order to give employers additional time to provide payment information (now called for in the EEO-1s). If you opt to delay the submission of your 2017 EEO-1 to March 31st of next year, your 2018 EEO-1 will still be due on September 30, 2018.  EEO-1s must be submitted by all private employers who have 100 or more employees, as well as employers with fewer than 100 employees, if the company is owned or affiliated with another company, and the entire enterprise employs a total of 100 or more employees. In addition, EEO-1s need to be filed by all federal contractors or first-tier subcontractors who have 50 or more employees, and have a contract, subcontract, or purchase order amounting to $50,000 or more. 

AM Celebrates!

Austin Shareholder Carson Fisk was recently named a Fellow of the Chartered Institute of Arbitrators (CIArb).  The CIArb has over 15,000 alternative dispute resolution professionals across 133 countries, providing education and support for arbitrators, mediators and adjudicators across the globe.  
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